Terms of Service
Haeresis LLC, doing business as Haeresis
Agreement to Terms
These Terms of Service (“Terms”) govern access to and use of the Haeresis website located at haeresis.co, as well as the purchase, engagement, or use of services provided by Haeresis LLC, doing business as Haeresis (“Haeresis,” “we,” “us,” or “our”).
By accessing or using the Haeresis website, requesting or purchasing Haeresis services, accepting a proposal, estimate, invoice, statement of work, service agreement, or other document that incorporates or references these Terms, or submitting payment for Haeresis services, you acknowledge that you have had an opportunity to review these Terms and agree to be bound by them to the extent applicable.
If you accept these Terms on behalf of a company, organization, or other legal entity, you represent that you have authority to bind that entity. References to “you,” “your,” or the “client” include the applicable entity where appropriate.
Provisions relating specifically to client services apply only where you engage or purchase services from Haeresis. Provisions governing use of the Haeresis website apply to website visitors whether or not they become clients.
These Terms establish the general conditions governing the relationship between Haeresis and its website visitors, prospective clients, and clients. Individual projects and ongoing services may also be governed by proposals, statements of work, estimates, invoices, service agreements, hosting or maintenance arrangements, nondisclosure agreements, or other written agreements.
If a more specific written agreement between Haeresis and a client directly conflicts with these Terms, the more specific agreement will control with respect to that particular subject matter. All provisions of these Terms that do not conflict with the specific agreement remain applicable.
For purposes of these Terms, “Services” means services provided by Haeresis; a “Project” means a particular project-based engagement; “Deliverables” means materials identified for delivery to the client under the applicable scope; and “Third-Party Services” means software, platforms, products, infrastructure, licenses, or services not owned or controlled by Haeresis.
Services and Scope of Work
Haeresis provides digital design, website design and development, branding and visual identity, search optimization, managed website hosting and maintenance, advanced website functionality, creative production, consulting, and related digital services.
The specific services, deliverables, features, pricing, requirements, and responsibilities applicable to an engagement will be described in the relevant proposal, estimate, statement of work, invoice, service agreement, or other written communication accepted by the parties.
Project Scope
Each Project is based upon the scope reasonably understood and agreed upon at the beginning of the engagement.
Haeresis recognizes that creative and digital projects naturally evolve during development and may, at its discretion, accommodate reasonable adjustments, additional content, layout modifications, new pages, or other incidental requests that do not materially alter the Project’s technical requirements, functionality, or complexity.
Haeresis’s decision to accommodate a request without additional charge does not modify the original scope, obligate Haeresis to accommodate similar requests in the future, or establish that comparable work is included in another engagement.
Changes and Additional Functionality
Requests that materially expand or alter functionality, integrations, technical requirements, deliverables, or overall Project complexity may be treated as additional work.
Examples may include the addition of appointment or booking systems, e-commerce functionality, learning-management systems, membership functionality, complex third-party integrations, custom application features, or other capabilities not contemplated by the original scope.
Haeresis will communicate material scope changes and associated additional fees before proceeding. Additional charges for out-of-scope work will not be incurred without client approval, which may be provided electronically.
Unanticipated Complexity
Digital projects may involve technical requirements or third-party technologies whose complexity cannot reasonably be determined before implementation begins.
If Haeresis reasonably determines that a previously discussed feature requires materially more development, specialized resources, licensing, integration work, or technical effort than could reasonably have been anticipated when the Project was estimated, Haeresis may propose revisions to the scope, schedule, technical approach, or fee.
Haeresis will communicate such circumstances and obtain approval of additional charges before proceeding with materially expanded work.
Project Timelines
Project schedules, milestone dates, launch dates, and completion estimates are estimates unless Haeresis expressly identifies a date in writing as guaranteed.
Timelines may be affected by delays in client content, information, access, feedback, decisions, or approvals; scope changes; third-party products or services; hosting or network conditions; software changes; technical issues; and circumstances outside Haeresis’s reasonable control.
Haeresis will make reasonable efforts to communicate significant schedule changes but is not responsible for delays attributable to the client or circumstances beyond Haeresis’s reasonable control.
Services Not Included Unless Expressly Stated
Unless expressly included in the applicable scope, Haeresis does not provide legal advice, regulatory-compliance certification, formal accessibility certification, cybersecurity guarantees or penetration testing, trademark clearance, accounting or financial advice, or guaranteed SEO, marketing, traffic, conversion, or revenue outcomes.
Clients are responsible for obtaining qualified professional advice when their businesses, industries, websites, content, products, or services are subject to specialized legal, regulatory, financial, privacy, accessibility, security, tax, healthcare, or other requirements.
Fees, Payments and Billing
Fees will be stated in the applicable proposal, estimate, invoice, statement of work, service agreement, or other written arrangement. Unless otherwise stated, invoices are due upon receipt.
Project Payments
Unless otherwise agreed in writing, Project-based engagements require an initial payment equal to fifty percent (50%) of the agreed Project fee before work begins, with the remaining fifty percent due upon Project completion as described below.
Haeresis is not required to reserve production scheduling, begin work, purchase Project-specific resources, or incur expenses on behalf of a client until the required initial payment has been received.
The initial Project payment is generally non-refundable once work has commenced because it compensates Haeresis for scheduling, discovery, planning, creative and technical development, administration, and work performed during the engagement.
Haeresis may issue a full or partial refund at its discretion when circumstances warrant. A discretionary refund does not establish an obligation to provide a similar refund in another engagement.
Substantial Completion and Final Payment
For billing purposes, a Project is substantially complete when the principal Deliverables included in the agreed scope have been completed and the Project is reasonably ready for final approval, deployment, or launch, notwithstanding minor revisions, content adjustments, or incidental items that do not materially prevent its intended use.
When Haeresis hosts and manages the client’s website, Haeresis may permit the completed website to launch to its production domain before receiving the remaining Project balance. Unless otherwise agreed, the final invoice is due upon receipt, with a seven (7) calendar-day grace period following launch before Haeresis may exercise remedies for nonpayment.
If a Project is substantially complete and ready for launch but launch is materially delayed because the client has not provided approval, information, content, credentials, decisions, or other required participation, Haeresis may issue the final invoice before actual launch.
Client-Controlled or Third-Party Hosting
If the client elects to deploy a website or digital Project to hosting or infrastructure that is not controlled or managed by Haeresis, all outstanding Project balances must be paid in full before Haeresis deploys, transfers, migrates, or releases the completed Project to that environment, unless Haeresis expressly agrees otherwise in writing.
Haeresis is not required to release production files, migration packages, source materials, credentials, or other transferable assets while amounts then due remain unpaid.
Unpaid Balances and Suspension
Haeresis does not currently impose a standard late fee or interest charge on overdue balances.
Failure to pay amounts when due may, however, result in suspension of Project work, hosting, maintenance, website management, technical support, advanced-functionality support, email, or other ongoing Services.
Whenever reasonably practical, Haeresis will attempt to communicate with the client before suspending active Services for nonpayment. Haeresis may allow additional time when the client communicates a reasonable need for an extension or makes mutually acceptable payment arrangements.
An accommodation, extension, delayed suspension, or other exception does not waive the payment obligation or require Haeresis to provide the same accommodation in the future.
Annual Hosting, Maintenance and Support
Haeresis offers annual hosting, maintenance, and general support Services that ordinarily renew during April.
Haeresis will generally provide advance notice of the renewal period. Unless the client has canceled the applicable Service or communicated an intention not to renew, Haeresis may issue the annual renewal invoice in accordance with its normal schedule.
Unless otherwise stated, annual renewal balances must be paid by April 30.
An unpaid annual renewal balance receives a seven (7) calendar-day grace period following the payment deadline. Haeresis will make a reasonable effort during that period to contact the client regarding the balance.
If payment has not been received and satisfactory arrangements have not been made by the end of the grace period, Haeresis may suspend the associated website, hosting, email, maintenance, technical support, and related Services.
If the account remains unpaid and the client has failed to establish satisfactory communication or payment arrangements through May 31, Haeresis may terminate the associated Services and permanently remove website files, databases, email accounts, stored email, backups, and other client content maintained on Haeresis-controlled systems, subject to applicable law and legitimate operational retention requirements.
Once permanently removed, Haeresis does not represent that such data can be recovered.
Quarterly and Other Recurring Services
Certain advanced functionality, technical support, software management, or other continuing Services may be billed quarterly or according to another recurring schedule stated in the applicable agreement or invoice.
Failure to maintain payment for a recurring Service may result in suspension or termination of that Service.
Taxes and Third-Party Expenses
Unless expressly included in the agreed fee, third-party software, premium licenses, subscriptions, transaction fees, stock assets, domain registrations, outside professional services, specialized integrations, or other approved third-party expenses may require additional payment.
Client Responsibilities, Materials and Approvals
Successful completion of Haeresis Services depends upon timely communication, cooperation, review, access, and approval from the client.
Haeresis may provide substantial creative, written, visual, and technical materials as part of an engagement, but the client remains responsible for reviewing and approving materials intended for use in the client’s business.
Client-Provided and Haeresis-Provided Content
Depending on the Services purchased, Haeresis may create, source, license, develop, or assist with website copy, imagery, branding, graphics, photography, video, and other Project materials.
Clients are not required to independently provide materials when their creation or sourcing is included in the agreed scope.
Whether materials are created by Haeresis or supplied by the client, the client is responsible for reviewing and approving final content before publication, launch, printing, distribution, or other public use.
Client approval represents confirmation that, to the client’s knowledge, applicable business names, descriptions, services, pricing, contact information, addresses, credentials, professional claims, regulatory statements, and other factual information are accurate and appropriate.
Haeresis will make reasonable proofreading and quality-control efforts, but those efforts do not replace the client’s final review.
Client Materials and Rights
Materials supplied by the client remain the property of the client or their respective rights holders.
The client represents and warrants that it owns, licenses, has permission to use, or otherwise possesses sufficient rights to provide Haeresis with any photographs, videos, illustrations, logos, trademarks, written materials, fonts, audio, music, data, software, documents, or other materials supplied for the Project.
The client further represents that its instructions concerning those materials do not knowingly violate the intellectual-property, privacy, publicity, contractual, or other rights of a third party.
Haeresis may rely upon these representations and is not required to independently investigate ownership or licensing of client-supplied materials unless such investigation is expressly included in the scope.
If Haeresis reasonably believes client-supplied material may infringe another party’s rights, violate applicable law, or create unreasonable risk, Haeresis may decline to use or publish the material until the issue is resolved.
Indemnification for Client-Provided Materials
To the fullest extent permitted by law, the client agrees to defend, indemnify, and hold harmless Haeresis LLC and its owners, employees, contractors, agents, and representatives from third-party claims, damages, liabilities, losses, settlements, penalties, costs, and reasonable attorneys’ fees arising from client-supplied materials, information, instructions, or assets; allegations that such materials infringe or misappropriate third-party rights; the client’s lack of authorization to provide or use such materials; or materially inaccurate or unlawful information supplied or expressly approved by the client.
This obligation applies only to the extent the claim results from materials, representations, instructions, or conduct attributable to the client and does not require the client to indemnify Haeresis for a claim caused solely by Haeresis’s own unauthorized conduct contrary to the client’s instructions.
Haeresis will provide reasonable notice of a claim for which indemnification is sought and reasonable cooperation in its defense. No settlement that imposes an admission, continuing obligation, or liability upon Haeresis may be entered on Haeresis’s behalf without its written consent.
Communication and Required Access
The client agrees to provide timely communication and, when reasonably required, access to domains, DNS accounts, hosting environments, email systems, content-management systems, Google services, payment processors, social accounts, analytics platforms, third-party software, business listings, or other systems necessary to perform the Services.
The client is responsible for having authority to grant such access.
Delays in providing information, credentials, feedback, content, decisions, or approvals may adjust the Project schedule and do not constitute failure by Haeresis to meet an earlier estimated timeline.
Client Approvals
Haeresis may request approval at various stages, including approval of strategy, branding concepts, visual direction, layouts, written content, functionality, and final Deliverables.
Approval may be provided by email or another mutually accepted written or electronic method.
Once the client approves a Project phase, concept, design direction, content selection, or other material decision, Haeresis may reasonably rely upon that approval and proceed.
A later change of preference, desire to revisit an approved direction, or request to explore an alternative does not invalidate the earlier approval. Haeresis may accommodate reasonable changes at its discretion, but substantial revisions to previously approved work may require adjustments to scope, schedule, or fees.
Client Delays and Inactive Projects
If required client participation is substantially delayed, Haeresis may pause development until the information or cooperation necessary to continue has been received.
Haeresis will make reasonable efforts to re-establish communication before treating a Project as inactive.
If the client remains unresponsive or the Project cannot reasonably progress because of prolonged client delay, Haeresis may archive the Project and remove it from active production scheduling.
Archiving does not constitute cancellation by Haeresis and does not entitle the client to a refund for work performed, production time reserved, or Services already provided.
When the client is ready to resume, Haeresis will make reasonable efforts to continue the engagement, but resumed work will be scheduled according to then-current availability and prior estimated launch dates will no longer apply.
If significant time has passed or software, third-party services, licensing, technical requirements, or requested scope have materially changed, Haeresis may reasonably revise the Project schedule, technical approach, or applicable fees before resuming work.
Final Review
Before launch, publication, printing, or final implementation, the client is responsible for conducting a final review.
The client’s final approval constitutes acceptance of the content and Deliverables as presented, including factual information supplied or previously approved by the client.
Corrections requested after final approval or launch may be completed under an applicable support plan or treated as additional work where appropriate.
Intellectual Property, Licensing and Ownership
Unless expressly agreed otherwise in writing, payment for Haeresis Services does not constitute an assignment, sale, or transfer of Haeresis copyright or other intellectual-property ownership.
Haeresis retains all right, title, and interest in original creative, technical, developmental, and proprietary materials created or owned by Haeresis, to the extent protected by applicable law, subject to the licenses expressly granted to the client.
Websites and Digital Work
Unless a separate written agreement expressly provides otherwise, Haeresis retains ownership of original design and development work, code, styling, technical solutions, configurations, systems, templates, reusable components, custom CSS, JavaScript, PHP, code snippets, development techniques, processes, methodologies, and other proprietary materials created or used in connection with a digital Project.
Upon payment in full of all amounts due for the applicable Project, the client receives a perpetual, non-exclusive license to use the final approved Deliverables for their intended business purposes.
For a completed website, this includes the right to operate, display, publish, maintain, update, modify, migrate, and copy the website as reasonably necessary for the client’s ordinary business use, backups, maintenance, and migration, subject to these Terms and applicable third-party restrictions.
The license does not authorize the client to extract, sell, sublicense, commercially redistribute, or separately market Haeresis’s reusable code, templates, development components, processes, or proprietary materials as standalone products.
Branding, Logos and Visual Identity
Unless expressly agreed otherwise, Haeresis retains copyright ownership in original logos, visual identities, illustrations, graphics, brand assets, and related creative materials created by Haeresis to the extent those materials qualify for copyright protection.
Upon full payment, the client receives a perpetual client-specific license to use the final approved branding materials for ordinary and unrestricted use in connection with the client’s own brand and business, including websites, advertising, marketing, social media, signage, printed materials, business communications, products, packaging, merchandise, and similar applications.
Although Haeresis retains copyright ownership unless a buyout is agreed, Haeresis will not knowingly license or repurpose the same final, unique client logo or final client-specific visual identity as the identity of another client.
This restriction does not prevent Haeresis from retaining and reusing general design techniques, methods, stylistic knowledge, processes, underlying tools, non-client-specific elements, or other reusable intellectual property, nor does it restrict Haeresis’s portfolio rights.
Copyright ownership and trademark rights are separate. Nothing in these Terms prevents a client from acquiring or asserting trademark rights that may arise from lawful use of its business name, logo, service mark, or other source-identifying materials.
Unless expressly included in scope, Haeresis does not provide trademark searches, trademark clearance, registration services, or legal opinions concerning registrability or availability.
Intellectual Property Buyout
A client may request an assignment of Haeresis’s copyright ownership in specifically identified final Deliverables.
Any assignment must be expressly agreed upon in writing and may require an additional intellectual-property buyout fee established during Project scoping or through a separate agreement.
No copyright ownership is transferred merely because the client paid for Services or received possession of Deliverables.
Unless specifically included in an assignment, Haeresis retains ownership of pre-existing materials, development tools, methodologies, reusable code, templates, processes, techniques, know-how, and other intellectual property not uniquely transferred as part of the final Deliverable.
Preliminary and Unused Work
Preliminary designs, rejected concepts, alternate logo directions, drafts, mockups, prototypes, unused creative concepts, development experiments, and materials not selected as final Deliverables remain the property of Haeresis unless expressly agreed otherwise.
Payment for a Project does not grant usage rights in rejected or unused concepts.
Source and Editable Files
Unless specifically included in scope, Haeresis is not required to provide editable or native source files, working files, production files, raw footage, layered design files, development repositories, 3D project files, or similar underlying production materials.
Source files may be made available when expressly agreed upon and may be subject to additional fees and third-party licensing restrictions.
Third-Party Materials and Software
Projects may incorporate software, themes, plugins, page builders, fonts, stock photography, video, graphics, libraries, frameworks, APIs, hosting technologies, and other Third-Party Services.
Such materials remain subject to the intellectual-property rights, licenses, subscriptions, and restrictions imposed by their respective owners.
Inclusion of a third-party product or asset in a Project does not transfer ownership of that product or license to the client.
Haeresis Premium Licenses
Haeresis may use agency, developer, professional, or premium software licenses in connection with websites it designs, hosts, maintains, or supports.
Those licenses are licensed to Haeresis and are not sold or transferred to the client. Client payment does not provide ownership of, independent access to, or a continuing right to Haeresis license accounts, keys, subscriptions, or credentials.
If a website leaves Haeresis management, the client may be required to obtain replacement licenses for software necessary to continue receiving updates, support, premium functionality, or authorized use.
Portfolio and Promotional Rights
Unless confidentiality has been expressly agreed in writing, the client permits Haeresis to identify the client and display or reference completed or publicly released work for legitimate portfolio and promotional purposes, including on Haeresis websites, portfolio pages, case studies, social media, presentations, proposals, marketing materials, professional submissions, and award submissions.
Haeresis will make reasonable efforts not to disclose genuinely confidential information merely because it retains portfolio rights.
A client may request confidentiality without an additional confidentiality fee unless the requested restrictions materially change the Project’s production requirements.
Design Credit
Unless otherwise agreed in writing, websites designed or developed by Haeresis may include a reasonable attribution such as “Design by Haeresis” with a link to the Haeresis website.
The client agrees not to remove or materially obscure the attribution without prior written consent.
Haeresis may waive or remove the credit at its discretion.
Hosting, Maintenance, Security and Third-Party Technology
Haeresis offers managed website hosting, maintenance, support, email, and related Services under certain plans.
Managed Hosting
Hosting provided by Haeresis is a managed service.
Unless expressly agreed otherwise, the client does not purchase or acquire ownership or administrative control of a server, cPanel account, hosting environment, server configuration, or software license used by Haeresis to provide the Service.
Haeresis retains administrative control of its hosting infrastructure and determines configurations, access levels, security measures, software versions, resource allocations, and technical procedures reasonably necessary to operate and protect the environment.
Clients may receive appropriate access to WordPress, webmail, or other user-facing systems. Administrative server access, cPanel access, root access, and Haeresis license credentials are not included unless expressly authorized.
Availability and Uptime
Haeresis uses third-party infrastructure providers to provide portions of its hosting Services and will use commercially reasonable efforts to maintain reliable website and email availability.
Haeresis does not independently guarantee uninterrupted or error-free operation unless a specific service-level commitment has expressly been made in writing.
Where applicable, underlying infrastructure may be subject to uptime or service-level commitments established by upstream providers. Those commitments do not create a separate or greater Haeresis guarantee.
Temporary interruptions may result from planned or emergency maintenance, hardware or software issues, network or Internet disruption, DNS or domain issues, distributed denial-of-service attacks, security incidents, client-controlled code or configuration, application errors, third-party failures, or other circumstances outside Haeresis’s reasonable control.
Maintenance and Updates
When maintenance is included in a support plan, Haeresis may install and manage updates to WordPress, themes, plugins, PHP, security components, caching systems, and other technologies when reasonably appropriate for security, compatibility, stability, performance, or continued operation.
Routine client approval is not required before ordinary maintenance or security updates.
Haeresis may schedule non-critical maintenance according to its normal procedures and may implement critical vulnerability or security updates outside the normal schedule.
Software updates can occasionally cause compatibility issues, visual changes, temporary failures, or other unintended effects. Haeresis will make commercially reasonable efforts to identify and correct problems resulting from ordinary managed updates but cannot guarantee compatibility among independently developed Third-Party Services.
Material redevelopment or replacement of discontinued or incompatible third-party technology may constitute additional work.
Backups and Restoration
Haeresis maintains backups as an operational safeguard intended primarily for disaster recovery, restoration, and protection against accidental data loss.
Backups are not intended to serve as permanent archives or formal records-management systems.
Haeresis does not guarantee that a backup will exist for every point in time, contain every historical version, or restore every file, database, mailbox, configuration, or component under all circumstances.
When included in an applicable annual support plan, reasonable restoration of an available website backup is included as part of the managed Service.
Clients with specialized archival, legal, regulatory, or records-retention requirements remain responsible for maintaining additional copies or systems necessary to meet those requirements unless Haeresis expressly agrees otherwise.
Client or Third-Party Changes
Haeresis is not responsible for errors, data loss, security incidents, compatibility problems, performance issues, or other damage caused by changes made by the client or by outside developers, employees, contractors, vendors, or other persons acting with access authorized by the client.
If a website is damaged through such changes, Haeresis may determine that restoration from an available backup is the most appropriate remedy.
Extensive investigation, forensic analysis, reconstruction, cleanup, redevelopment, or remediation caused by client or third-party actions may be treated as additional billable work.
Third-Party Technology
Websites may depend upon external software, APIs, payment processors, plugins, themes, domain registrars, DNS providers, email systems, analytics services, external platforms, and other Third-Party Services.
Haeresis does not control their continued availability, functionality, pricing, licensing, security, compatibility, features, policies, or business decisions.
Haeresis will make reasonable efforts to assist with compatibility issues within the applicable support scope, but is not responsible for the acts, omissions, outages, product decisions, security failures, or policy changes of third parties.
Security Measures
Haeresis employs reasonable technical and administrative measures intended to reduce risks from unauthorized access, malware, spam, brute-force attacks, software vulnerabilities, and other common threats.
Haeresis may restrict access when activity appears malicious, abusive, automated, compromised, or otherwise inconsistent with normal use.
No Internet-connected system can be guaranteed completely secure. Haeresis’s security measures do not constitute a guarantee that a website, server, account, or system cannot be compromised, attacked, breached, interrupted, or infected.
Acceptable Use
Clients may not knowingly use Haeresis-hosted Services for unlawful activity, spam or unsolicited bulk mail, malware, phishing, credential theft, hacking, cryptocurrency mining, unauthorized scanning or attacks, attempts to bypass security restrictions, distribution of malicious software, activity likely to cause network or email blocklisting, or excessive resource use that materially interferes with other hosted Services.
Haeresis may restrict, suspend, or terminate activity reasonably believed to threaten its systems, upstream providers, other clients, or network reputation.
Email Services
Haeresis-hosted email is intended primarily for ordinary professional correspondence and not for high-volume marketing or bulk mailing.
Standard mailbox allocations are currently approximately 250 MB per account, although storage limits may be adjusted.
Haeresis currently applies operational safeguards that may include a maximum of approximately 100 outgoing messages per hour per hosted domain, approximately 50 unique recipients per hour from an individual address, temporary restrictions for suspicious activity, and automated intervention following repeated failed or deferred deliveries.
These thresholds are security and operational safeguards rather than guaranteed entitlements and may be modified when reasonably necessary to protect mail deliverability, server reputation, security, infrastructure performance, or other hosted clients.
High-volume newsletters and marketing campaigns may require an appropriate third-party email platform.
Security Incidents
If Haeresis reasonably believes an account or system has been compromised, it may temporarily restrict access, disable outgoing email, reset credentials, restore a backup, disable affected functionality, quarantine files, or take other reasonable protective measures.
Haeresis will make reasonable efforts to notify the client when such action materially affects normal use.
Extensive remediation outside ordinary maintenance may be billed separately.
Self-Service Offboarding
Clients may discontinue Haeresis hosting subject to payment of outstanding balances and applicable cancellation terms.
Under the standard self-service offboarding option, Haeresis will provide reasonable export materials intended to assist the client or its new provider. For a typical WordPress and Elementor website, these may include a WordPress XML export and an Elementor template-kit export or comparable materials reasonably available from the existing tools.
Haeresis may also identify third-party products for which replacement licenses may be needed.
Self-service offboarding is not a complete server clone or managed migration. The client or new provider is responsible for importing materials, configuring the replacement environment, obtaining licenses, recreating or transferring email where necessary, verifying functionality, and completing the migration.
Unless otherwise agreed, Haeresis will generally maintain the existing website for up to thirty (30) calendar days after providing the self-service offboarding materials.
After that period, Haeresis may remove the associated hosting account, website files, databases, email accounts, stored email, backups, and other content from Haeresis-controlled systems, subject to applicable law and legitimate operational retention requirements.
The client is responsible for ensuring necessary data has been preserved before the period expires.
Managed Migration
At the client’s request, Haeresis may provide a managed migration for a separate flat fee established at the time of offboarding.
The client must provide sufficient administrative access to the destination systems.
Haeresis will make reasonable efforts to reproduce the operational website in the destination environment, subject to differences in hosting, software, server configuration, licensing, and technologies outside Haeresis’s control.
Once migration is materially complete, the client will receive a reasonable opportunity to identify migration-related issues.
Haeresis will then relinquish unnecessary administrative access and may reduce its WordPress privileges or otherwise withdraw from the client’s systems. The client is responsible for removing remaining Haeresis accounts or permissions after confirming completion.
Licenses Following Offboarding
Neither self-service nor managed offboarding transfers Haeresis’s premium software licenses, agency licenses, subscriptions, account credentials, or license keys.
The client is responsible for obtaining replacement licenses required to maintain the transferred website.
Following offboarding, responsibility for hosting, backups, maintenance, security, updates, compatibility, email, licensing, and ongoing support transfers to the client or its new provider unless Haeresis continues a particular Service under a separate agreement.
Privacy, Regulated Data and Client Compliance
Haeresis provides design, development, hosting, consulting, and technical implementation Services. Unless expressly agreed otherwise, Haeresis does not provide legal, regulatory, privacy, accessibility, healthcare-compliance, or information-security certification services.
Clients are responsible for determining which legal, regulatory, industry-specific, contractual, privacy, accessibility, security, disclosure, consent, recordkeeping, and other requirements apply to their businesses and websites.
Haeresis may consult on and implement technical solutions selected or approved by the client, but doing so does not constitute legal advice or a guarantee of compliance.
Privacy Policies and Legal Notices
Clients are responsible for determining whether their websites require privacy policies, cookie disclosures, accessibility statements, refund policies, shipping policies, healthcare notices, consent language, or other legal notices.
Haeresis may format or implement such materials and may recommend third-party policy-generation tools.
Unless expressly agreed otherwise, Haeresis does not independently author or legally verify those policies. The client remains responsible for reviewing and approving them and obtaining legal advice where appropriate.
Cookies, Analytics and Tracking
Haeresis may configure cookie-consent software, analytics systems, advertising technologies, tracking tools, or similar technologies.
Clients remain responsible for determining what notices, disclosures, consent mechanisms, opt-out rights, geographic restrictions, or other legal measures apply to their use of those technologies.
Haeresis does not guarantee that a particular plugin or configuration independently satisfies every applicable law.
Healthcare Clients and PHI
Haeresis works with businesses that may be subject to HIPAA and other healthcare privacy requirements.
Unless expressly agreed in a separate written agreement, Haeresis does not agree to create, receive, maintain, process, or transmit Protected Health Information (“PHI”) on behalf of a client and does not offer ordinary Haeresis-hosted WordPress forms, standard hosting, or standard email accounts as repositories for PHI.
When website functionality is intended to collect PHI, the client is responsible for establishing an account with an appropriate third-party provider designed to support the client’s applicable healthcare obligations.
The client is responsible for selecting the provider, establishing and maintaining the account, entering into any required Business Associate Agreement, maintaining the subscription, and providing Haeresis with access reasonably necessary to configure or embed the service.
Haeresis may integrate or style the client-selected solution but does not assume responsibility for the third-party provider’s compliance, security, availability, policies, or data handling.
Business Associate Agreements
Haeresis does not agree to act as a HIPAA Business Associate merely by providing ordinary website design, development, hosting, maintenance, or technical Services.
Clients must not intentionally configure systems to transmit or store PHI in standard Haeresis-hosted forms, mailboxes, support communications, or other systems not expressly designated for such information.
If an engagement would require Haeresis to create, receive, maintain, or transmit PHI in a manner that may make Haeresis a Business Associate under applicable law, that requirement must be addressed through a separate written agreement before PHI is provided to Haeresis.
Haeresis may decline an engagement requiring regulated healthcare-data responsibilities outside the Services it is prepared to provide.
Other Regulated Information
Clients are responsible for determining whether information collected or processed through their websites constitutes PHI, personally identifiable information, sensitive personal information, financial information, children’s information, biometric information, educational records, or other specially regulated data.
Clients should notify Haeresis before requesting functionality intended to collect sensitive or regulated information.
Payment Processing
When payment functionality is included, Haeresis ordinarily integrates PayPal, Stripe, or another third-party payment processor selected or established by the client.
Haeresis does not intentionally receive or store complete payment-card numbers, card verification codes, or full payment credentials on behalf of clients.
The client remains responsible for its merchant account, payment-processor relationship, processor terms, and applicable payment-security obligations.
Accessibility and Regulatory Requirements
Haeresis may incorporate accessibility-conscious design and development practices and may consult on accessibility improvements or tools.
Unless expressly included in scope, Haeresis does not provide formal accessibility certification, legal determinations of compliance, or guarantees that a website satisfies every requirement of the ADA, WCAG, or another accessibility law or standard.
The same principle applies to other specialized legal or regulatory obligations. The client remains responsible for determining which requirements apply.
Information Submitted to Haeresis
In operating its own website and business, Haeresis may receive ordinary information voluntarily supplied by prospective clients and clients, including names, business information, email addresses, telephone numbers, Project inquiries, contact-form submissions, and normal business communications.
Haeresis may also use ordinary website analytics and similar technologies.
Visitors and clients should not submit sensitive medical, financial, authentication, or other regulated information to Haeresis unless Haeresis expressly requests it through an appropriate method.
Haeresis’s own collection and use of personal information may be further described in its Privacy Policy.
Warranties, Results and Limitation of Liability
Haeresis provides professional creative, technical, hosting, consulting, and related Services using commercially reasonable care and effort.
Digital Services depend upon third-party technologies, market conditions, client decisions, user behavior, Internet infrastructure, search engines, and other factors outside Haeresis’s control.
Except for a specific commitment expressly stated in writing, Haeresis does not guarantee particular technical, search, marketing, financial, or business outcomes.
Website Performance
Haeresis may design and optimize websites with attention to performance, usability, accessibility, search visibility, security, and compatibility and may use internal benchmarks or testing tools.
Those objectives do not constitute guarantees of any particular PageSpeed, Lighthouse, accessibility, search, load-time, availability, browser-performance, or other technical score unless expressly guaranteed in writing.
Technical measurements may change based upon hosting conditions, third-party scripts, software updates, visitor devices, testing methodology, network location, website content, external systems, or later changes.
Search Engine Optimization
Search engines independently determine crawling, indexing, display, and ranking and may change their algorithms and policies at any time.
Haeresis may provide SEO intended to improve search visibility, but HAERESIS DOES NOT GUARANTEE ANY PARTICULAR SEARCH-ENGINE RANKING, KEYWORD POSITION, IMPRESSION VOLUME, WEBSITE TRAFFIC LEVEL, LEAD VOLUME, OR CONTINUED SEARCH VISIBILITY.
Past results, case studies, projections, or portfolio examples do not guarantee comparable results for another client.
Business Results
Haeresis does not guarantee that a website, brand, e-commerce system, booking system, SEO effort, campaign, or other Deliverable will produce any particular number of sales, patients, appointments, customers, leads, conversions, transactions, revenue, profit, return on investment, or other commercial result.
Third-Party Services
Haeresis makes no warranty regarding the uninterrupted availability, continued functionality, security, compatibility, policies, or future operation of Third-Party Services.
Haeresis will make commercially reasonable efforts to assist with third-party issues when such assistance falls within the applicable scope.
Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT FOR AN EXPRESS WARRANTY SPECIFICALLY PROVIDED IN WRITING, HAERESIS SERVICES AND DELIVERABLES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
HAERESIS DISCLAIMS IMPLIED WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND UNINTERRUPTED OR ERROR-FREE OPERATION.
Nothing in these Terms excludes a warranty, remedy, right, or liability that applicable law does not permit the parties to exclude.
Interruptions and Data Loss
Haeresis is not responsible for losses resulting from circumstances outside its reasonable control, including failures of Third-Party Services, client actions, unauthorized access resulting from compromised client credentials or devices, Internet or network outages, or failures of systems not operated by Haeresis, except to the extent applicable law requires otherwise.
Clients are responsible for maintaining independent copies of information and files they consider irreplaceable, mission-critical, legally required, or necessary for long-term preservation.
Exclusion of Consequential Damages
TO THE FULLEST EXTENT PERMITTED BY LAW, HAERESIS LLC AND ITS OWNERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE WEBSITE, SERVICES, DELIVERABLES, HOSTING, MAINTENANCE, OR THESE TERMS.
THIS INCLUDES, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SALES, LOST BUSINESS OPPORTUNITIES, LOST CUSTOMERS, LOSS OF GOODWILL, REPUTATIONAL HARM, BUSINESS INTERRUPTION, OR THE COST OF SUBSTITUTE SERVICES.
These limitations apply regardless of whether a claim is characterized as contract, tort, negligence, strict liability, statute, or another legal theory, to the extent permitted by law.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF HAERESIS ARISING OUT OF OR RELATING TO A PARTICULAR PROJECT, SERVICE, EVENT, OR SERIES OF RELATED EVENTS WILL NOT EXCEED THE AMOUNT ACTUALLY PAID TO HAERESIS FOR THE SERVICE GIVING RISE TO THE CLAIM.
For a one-time Project, the cap will not exceed the amount actually paid for that Project.
For hosting, maintenance, support, or another recurring Service, the cap will not exceed fees actually paid for that applicable Service during the twelve (12) months immediately preceding the event giving rise to the claim.
If fewer than twelve months of recurring Services have been provided, the cap will be based upon amounts actually paid before the event giving rise to the claim.
Multiple claims or theories do not increase the aggregate cap.
Legally Required Exceptions
Nothing in these Terms is intended to exclude or limit liability that applicable law prohibits the parties from excluding or limiting, or to waive statutory rights that cannot lawfully be waived.
These limitations do not reduce the client’s obligation to pay amounts properly due or its indemnification obligations under these Terms.
Cancellation, Termination and Suspension
Either party may end an engagement when continued performance is no longer appropriate or desired, subject to these Terms and any applicable written agreement.
Client Cancellation of a Project
A client may cancel an unfinished Project by providing written notice.
If cancellation occurs after work has begun, amounts previously paid will generally be retained and will not be refunded.
Unless the remaining balance has already become due under these Terms or another written agreement, Haeresis will ordinarily waive an otherwise unbilled remaining Project balance following client cancellation.
Accordingly, the ordinary result of cancellation of an unfinished Project is that Haeresis retains amounts already paid, the client foregoes the unfinished work, and neither party is required to continue the Project.
Cancellation does not eliminate an amount, approved expense, or payment obligation that became due before cancellation.
Near-Complete Projects
The fact that a Project is substantially or nearly complete does not, by itself, require Haeresis to charge a prorated portion of an otherwise unbilled balance following voluntary cancellation.
However, if the Project has already reached a contractual payment milestone, launched, or otherwise triggered the final payment obligation under these Terms, cancellation does not extinguish that existing obligation.
Unfinished Work Following Cancellation
Cancellation of an unfinished Project does not entitle the client to receive or use unfinished designs, preliminary concepts, development work, source files, code, mockups, or other incomplete work unless Haeresis expressly agrees otherwise.
Any materials Haeresis elects to release remain subject to the intellectual-property provisions of these Terms.
Termination by Haeresis
Haeresis may suspend or terminate an engagement when continued performance becomes unsafe, unlawful, impractical, commercially unreasonable, or materially inconsistent with these Terms.
Grounds may include persistent nonpayment, material or repeated Terms violations, fraudulent or unlawful activity, misuse of Haeresis systems, serious security risks, repeated refusal to provide necessary cooperation, threatening or abusive conduct, requests that would require unlawful or unethical activity, or a substantial breakdown in the professional relationship.
Whenever circumstances reasonably permit, Haeresis will attempt to communicate the issue before terminating an engagement.
Termination for Reasons Not Caused by the Client
If Haeresis discontinues a Project for reasons not materially caused by the client’s conduct, Haeresis may provide a full or partial refund when it considers such a refund fair in light of work performed, expenses incurred, scheduling reserved, and Deliverables provided.
The amount of any such refund is within Haeresis’s reasonable discretion.
Recurring-Service Cancellation
Clients may cancel annual, quarterly, or other recurring Services at any time by notifying Haeresis that they do not wish to renew.
Unless otherwise agreed, cancellation of a prepaid recurring Service operates as non-renewal at the end of the current paid term.
The client may continue receiving the applicable Service until that term ends.
Amounts already paid for recurring Services are generally non-refundable and are not ordinarily prorated.
If the client requests early termination, Haeresis may accommodate the request, but early termination does not ordinarily create a refund entitlement.
Immediate Security Suspension
Haeresis may restrict or suspend Services without advance notice when immediate action is reasonably necessary to address malware, hacking, phishing, spam, compromised credentials, unlawful activity, excessive resource use, threats to infrastructure, risks of blocklisting, or comparable security or operational concerns.
Haeresis will make reasonable efforts to notify the affected client when emergency action materially affects the client’s Services.
Survival
Termination or cancellation does not affect provisions that by their nature are intended to survive, including outstanding payment obligations, intellectual-property rights, licenses, indemnification, confidentiality, limitations of liability, governing law, dispute resolution, and offboarding obligations.
Governing Law and Dispute Resolution
These Terms and disputes arising out of or relating to them, the Haeresis website, or Haeresis Services are governed by the laws of the State of Texas, without regard to conflict-of-law principles requiring application of another jurisdiction’s laws.
Good-Faith Informal Resolution
Before commencing a lawsuit or other formal adversarial proceeding, the party asserting the dispute must provide written notice reasonably describing the dispute, material facts, and requested resolution.
The parties will then have thirty (30) calendar days to make a good-faith effort to resolve the matter informally.
The parties may agree to extend that period while productive discussions continue.
Participation does not constitute an admission of liability, and neither party is required to accept an unreasonable settlement.
Mediation
If direct discussion does not resolve the dispute, the parties may mutually agree to non-binding mediation.
Mediation is optional unless separately agreed in writing.
Court Proceedings and Venue
If a dispute remains unresolved, either party may pursue available remedies in a court of competent jurisdiction.
To the fullest extent permitted by law, lawsuits or judicial proceedings relating to these Terms or Haeresis Services must be brought in an appropriate state court located in Harris County, Texas, or, where federal subject-matter jurisdiction exists, the appropriate federal court serving Harris County, Texas.
Each party consents to personal jurisdiction in those courts, subject to any mandatory jurisdiction or venue requirement imposed by law.
No Mandatory Arbitration
Unless Haeresis and the client expressly agree otherwise in a separate written agreement applicable to a particular engagement, these Terms do not require binding arbitration.
The parties remain free to mutually agree to arbitration after a dispute arises.
Emergency Relief
The thirty-day informal-resolution requirement does not prevent either party from seeking temporary, preliminary, injunctive, or emergency judicial relief where reasonably necessary to prevent immediate or irreparable harm.
This may include actual or threatened misuse of intellectual property, unauthorized access to accounts or systems, disclosure of confidential information, malicious activity, or cybersecurity threats.
Preservation of Deadlines
Nothing in the informal-resolution requirement requires either party to allow a statute of limitations, filing deadline, or other legal deadline to expire.
A filing reasonably necessary to preserve a right may be made while informal resolution continues.
Attorneys’ Fees and Costs
To the fullest extent permitted by law, in a legal action brought primarily to enforce these Terms or a written agreement between Haeresis and the client, the prevailing party may recover reasonable attorneys’ fees and recoverable court costs in addition to other relief legally available.
If neither party substantially prevails, or each prevails on material portions of the dispute, fees and costs may be allocated as permitted by law.
Non-Waivable Rights
Nothing in this Section limits access to a court where applicable law prohibits such a limitation or waives a statutory remedy that cannot legally be waived.
Confidentiality and Non-Public Information
Haeresis and its clients may receive access to information that is confidential, proprietary, security-sensitive, or otherwise not intended for public disclosure.
Each party agrees to use reasonable care to protect the other’s confidential information and to use it only as reasonably necessary to perform, receive, administer, or enforce the Services or agreement.
Client Confidential Information
Client Confidential Information may include non-public business information, internal documents, unreleased products or Services, business plans, marketing strategies, proprietary processes, unpublished creative materials, account information, technical configurations, passwords, API credentials, authentication tokens, payment-gateway credentials, and other information identified as confidential or reasonably understood to be confidential.
Haeresis will not intentionally disclose Client Confidential Information except with authorization; as reasonably necessary to provide requested Services; as required by law or valid legal process; or when reasonably necessary to address fraud, malicious activity, immediate security threats, or unlawful conduct.
When legally permitted and reasonably practical, Haeresis will make reasonable efforts to notify the client before compelled disclosure.
Credentials and Access Information
Haeresis may occasionally require access to client-controlled systems to configure APIs, payment gateways, domains, DNS, software platforms, or integrations.
Haeresis will use such access only for legitimate purposes related to the Services and will take reasonable measures against unauthorized disclosure.
Haeresis does not ordinarily provide client credentials to outside parties. If doing so becomes reasonably necessary, Haeresis will seek client authorization unless disclosure is legally required or emergency action is necessary.
Clients are encouraged to provide only the level of access necessary and to use delegated accounts, temporary credentials, or similar controls where available.
Client Requests for Confidentiality
Haeresis will treat a reasonable client request for confidentiality at face value and make reasonable efforts to honor the agreed level of discretion.
This may apply even when particular information might otherwise be public or independently discoverable.
Confidentiality requests may be documented by email, proposal, Project agreement, nondisclosure agreement, or another written communication.
Haeresis Confidential Information
Clients may receive non-public information belonging to Haeresis, including server or system credentials, license keys, internal documentation, proprietary code, development methods, internal tools, security configurations, workflows, and business methods.
Clients agree not to disclose, distribute, sell, publish, provide unauthorized access to, or misuse Haeresis Confidential Information.
Nothing in this Section expands the client’s intellectual-property or licensing rights.
General Exclusions
Unless Haeresis has expressly agreed to treat particular information confidentially, Confidential Information generally does not include information that becomes public through no breach of these Terms, was lawfully known without a confidentiality obligation, is independently developed without use of the other party’s confidential information, or is lawfully obtained from another unrestricted source.
These exclusions do not prevent Haeresis from voluntarily honoring a client’s broader request for discretion.
Confidentiality and Portfolio Rights
Where Haeresis expressly agrees that a Project or relationship will remain confidential, that agreement takes precedence over Haeresis’s general portfolio rights to the extent of the agreed restriction.
Absent such an agreement, the portfolio provisions of these Terms remain applicable.
Separate NDAs
Haeresis is willing to consider a separate nondisclosure agreement when requested.
If an executed NDA directly conflicts with this Section, the NDA will control with respect to the information it covers.
Duration
Confidentiality obligations continue after completion, cancellation, expiration, or termination for so long as the information reasonably remains confidential or protected, subject to applicable law and any separate agreement.
Website Use and Public-Facing Terms
This Section applies to visitors and users of haeresis.co regardless of whether they become clients.
Website Content
Unless otherwise indicated, original text, graphics, photographs, videos, portfolio presentations, case studies, layouts, visual designs, branding elements, downloadable materials, and other original content appearing on the Haeresis website are owned by or licensed to Haeresis and protected to the extent provided by applicable intellectual-property law.
Except for permissions expressly granted in these Terms, Haeresis content may not be reproduced, republished, distributed, sold, commercially exploited, or incorporated into another product or service without authorization from Haeresis or the applicable rights holder.
Permitted Ordinary Use
Visitors may view and use the website for ordinary personal, informational, and legitimate business purposes.
Visitors may share links to public Haeresis pages, refer others to Haeresis content, save or print reasonable portions for personal or internal reference, and quote limited portions of Haeresis-written content for legitimate commentary or reference with appropriate attribution.
These permissions do not authorize republication of substantial portions of the site, reproduction of complete portfolio presentations, creation of competing materials substantially derived from Haeresis content, removal of attribution information, or commercial exploitation.
Client and Third-Party Materials
The Haeresis website may display client names, business names, trademarks, logos, photographs, screenshots, and other third-party materials.
Their display does not transfer ownership to Haeresis or website visitors.
Third-party trademarks and proprietary materials remain the property of their respective owners.
Prohibited Use
Visitors may not use the Haeresis website to attempt unauthorized access; probe or circumvent security controls; introduce malware or malicious code; impair or overload website operation; distribute spam, fraudulent communications, malicious links, or abusive content; impersonate others; submit intentionally false information; harvest contact information for unauthorized solicitation; facilitate infringement or unlawful activity; or assist others in engaging in such conduct.
Automated Access, Crawling and Scraping
Haeresis recognizes that ordinary operation of the public Internet includes legitimate search-engine crawling and indexing.
Automated access for ordinary search indexing or comparable discovery purposes may be permitted unless Haeresis indicates otherwise through technical controls or published instructions.
Haeresis reserves the right to limit or prohibit automated access to any portion of the website.
Except where expressly authorized, automated systems may not systematically copy, extract, download, harvest, aggregate, reproduce, or compile substantial portions of Haeresis content for commercial databases, republication, resale, competitive extraction, bulk content collection, machine-learning datasets, AI model training, fine-tuning, evaluation, development, improvement, or other large-scale automated uses materially exceeding ordinary browsing and search indexing.
Artificial Intelligence and Machine Learning
Making information publicly viewable on the Haeresis website does not constitute an express grant of permission to reproduce Haeresis-owned content for development, training, fine-tuning, evaluation, or commercial operation of artificial-intelligence or machine-learning systems.
Haeresis reserves its rights concerning such uses to the fullest extent available under applicable law.
Haeresis may establish, modify, or withdraw automated-access permissions through these Terms, robots directives, metadata, HTTP headers, technical access controls, machine-readable signals, communications with operators, or other reasonable methods.
Nothing in this Section is intended to characterize every automated use of public information as unlawful. Rather, this Section identifies uses Haeresis does and does not voluntarily authorize.
Security and Access Restrictions
Haeresis may temporarily or permanently restrict an IP address, network, automated system, account, device, user, or traffic source when it reasonably believes the restriction is appropriate to protect its website, infrastructure, intellectual property, visitors, clients, or business operations.
Restrictions may be imposed automatically or manually and do not require advance notice.
Website Forms
Contact forms, consultation requests, and Project inquiries are provided for legitimate business communications.
Submitting a form does not guarantee acceptance of an engagement, reserve Project availability, or create a client relationship.
Visitors should not submit passwords, payment-card information, PHI, sensitive financial information, or similarly sensitive information through ordinary website forms unless expressly instructed to use an appropriate method.
Website Information
Haeresis makes reasonable efforts to maintain useful and accurate website information but may modify service descriptions, portfolio information, pricing information, features, availability, policies, or other content without notice.
Website information is general unless expressly incorporated into a binding written agreement.
A service, price, technology, performance result, or portfolio example displayed on the website does not guarantee identical availability or results for another engagement.
External Links
The website may link to third-party websites, client sites, software providers, or external platforms.
Haeresis does not control and is not responsible for third-party content, availability, privacy practices, security, products, or policies.
Enforcement
Haeresis may investigate suspected website misuse and take reasonable technical, contractual, or legal action where appropriate.
Haeresis is not required to monitor every visitor, automated system, submission, or suspected violation.
General Provisions
Changes to These Terms
Haeresis may revise these Terms from time to time to reflect changes in its Services, practices, technologies, laws, infrastructure, or operations.
The current version may be published on the Haeresis website with an updated revision date.
Material changes affecting pricing, payment obligations, intellectual-property rights, liability allocation, cancellation rights, or dispute procedures will generally apply prospectively.
Material changes will not ordinarily modify an existing Project’s commercial terms unless the client agrees, the applicable agreement provides otherwise, or the change is required by law.
For recurring Services, material commercial changes may take effect upon the next renewal or after reasonable advance notice, as appropriate.
Continued renewal or use after the effective date of a properly disclosed prospective change may constitute acceptance.
Operational, Technical and Security Changes
Haeresis may implement operational, technical, infrastructure, security, abuse-prevention, or resource-management changes when reasonably necessary to protect clients, systems, deliverability, security, service quality, network reputation, or business operations.
Such changes may be implemented without waiting for the next renewal and, when immediate action is reasonably required, without advance notice.
This authority may include changing email or recipient limits, mailbox allocations, spam protections, login restrictions, firewall rules, authentication requirements, server configurations, software versions, caching settings, backup procedures, access privileges, resource limits, or other technical safeguards.
A reasonable operational or security adjustment does not constitute a material commercial amendment merely because it changes a technical limit.
Haeresis will make reasonable efforts to communicate operational changes that materially affect ordinary client use when practical.
Haeresis may not characterize the material elimination of a principal paid Service as a routine technical change merely to avoid the notice provisions for material commercial changes.
Electronic Communications
The parties may conduct business electronically.
Proposals, approvals, estimates, invoices, notices, authorizations, change approvals, renewal communications, cancellation requests, and other records may be transmitted or accepted by email or other mutually accepted electronic means.
To the extent permitted by law, electronic records, approvals, and signatures may have the same effect as corresponding paper communications.
Clients are responsible for maintaining accurate contact information.
Assignment
A client may not assign, transfer, delegate, sublicense, or otherwise convey its rights or obligations under these Terms or an applicable service agreement without Haeresis’s prior written consent.
Haeresis may assign or transfer its rights and obligations in connection with a merger, acquisition, restructuring, sale of substantially all of its business or assets, or transfer to a successor or affiliated entity.
Independent Contractor
Haeresis provides Services as an independent contractor.
Nothing in these Terms creates a partnership, joint venture, employment, fiduciary, franchise, or agency relationship authorizing either party to bind the other except as expressly agreed.
Force Majeure
Neither party will be considered in breach to the extent performance is materially prevented or delayed by circumstances beyond reasonable control, including natural disasters, severe weather, fire, utility failure, widespread telecommunications disruption, governmental action, civil unrest, war, terrorism, epidemic conditions, labor disruption, cyberattacks, distributed denial-of-service attacks, critical third-party infrastructure failures, or comparable extraordinary events.
The affected party will make reasonable efforts to resume performance when circumstances permit.
This provision does not excuse amounts that became due before the event.
No Waiver
Failure to enforce a provision on one occasion does not waive the right to enforce it later.
Extensions, accommodations, discounts, complimentary work, delayed suspension, waived charges, voluntary refunds, or other exceptions do not modify these Terms or require similar treatment in the future.
Severability
If a provision is determined to be invalid or unenforceable, it will be enforced to the maximum extent legally permissible or severed as appropriate.
The remaining provisions will continue in effect.
Entire Agreement and Order of Precedence
These Terms together with applicable written proposals, statements of work, estimates, invoices, service agreements, hosting agreements, maintenance agreements, nondisclosure agreements, or other accepted written arrangements constitute the agreement governing the applicable Services.
If a more specific written agreement directly conflicts with these Terms, the more specific agreement controls as to that subject matter.
No Third-Party Beneficiaries
Unless expressly stated otherwise, these Terms create rights and obligations only between Haeresis and the applicable client or website user and do not create contractual rights in unrelated third parties.
Interpretation
Headings are provided for convenience and do not independently expand or limit substantive provisions.
Words such as “including” are illustrative rather than exhaustive unless the context clearly indicates otherwise.
Survival
Provisions that by their nature are intended to continue after completion, expiration, cancellation, termination, or offboarding will survive, including provisions concerning payment, intellectual property, licenses, indemnification, confidentiality, liability limitations, governing law, dispute resolution, and continuing offboarding obligations.
Separate Services
Termination of one Project or Service does not automatically terminate unrelated Haeresis Services unless the client expressly requests such termination or the Services are technically or contractually dependent upon one another.
Notices and Contact Information
Notices to Haeresis
Unless applicable law or a separate agreement requires another method, notices concerning these Terms, a Project, hosting or support Services, cancellation, non-renewal, disputes, confidentiality, or other contractual matters may be sent to:
Haeresis LLC, doing business as Haeresis
Email: contact@haeresis.co
Website: haeresis.co
Clients should provide sufficient information for Haeresis to identify the applicable client, Project, account, website, invoice, or Service.
An emailed contractual notice will ordinarily be considered delivered when transmitted to the designated address provided the sender does not receive a notice indicating that the message could not be delivered.
Notices to Clients
Haeresis may send contractual, billing, renewal, security, suspension, termination, or service-related notices to the email address most recently provided or routinely used by the client.
Clients are responsible for maintaining accurate and functional contact information.
Haeresis is not responsible for failure to receive a properly transmitted notice because of an outdated address, abandoned mailbox, full mailbox, client-controlled spam filtering, or another circumstance outside Haeresis’s reasonable control.
Routine Project Communications
Ordinary approvals, requests, instructions, feedback, scheduling, and other Project communications may occur through the communication methods normally used during the engagement.
A communication does not need to be labeled “formal notice” to constitute an approval, authorization, cancellation request, or scope decision when its meaning and intent are reasonably clear.
Urgent Operational Notices
Where immediate action is reasonably necessary to protect a website, email account, server, hosting environment, client account, or other system, Haeresis may take protective action before successfully reaching the client.
Haeresis will make reasonable efforts to notify the client when emergency action materially affects Services.
Formal Legal Process
The electronic notice provisions in this Section govern ordinary contractual communications.
They do not alter or replace any legally required method of service for a summons, subpoena, court order, lawsuit, or other formal legal process.
Formal legal process directed to Haeresis LLC must be served in accordance with applicable law.
Changes to Contact Information
Haeresis may update its designated contact information by publishing revised information on its website or otherwise providing reasonable notice.
Effective Date and Acknowledgment
Effective Date: August 17, 2026
Last Updated: August 17, 2026
The Effective Date identifies when these Terms were first adopted by Haeresis. The Last Updated date identifies the most recent material revision.
Future revisions are governed by the Changes to These Terms provisions above.
By accessing or using the Haeresis website or engaging Haeresis Services in a manner described in these Terms, you acknowledge that you have had an opportunity to review these Terms and agree to them to the extent applicable.
Specific Projects or Services may be subject to additional written agreements. Where a more specific written agreement expressly modifies these Terms, the order-of-precedence provisions contained in these Terms apply.
Questions regarding these Terms may be directed to:
Haeresis LLC, doing business as Haeresis
Email: contact@haeresis.co
Website: haeresis.co